Current through Public Act 103-1056
Section 205 ILCS 511/15-25 - Record requirements(a) Except in municipalities located in counties having 3,000,000 or more inhabitants, every pawnbroker shall keep a standard record book that has been approved by the sheriff of the county in which the pawnbroker does business. In municipalities in counties with 3,000,000 or more inhabitants, the record book shall be approved by the police department of the municipality in which the pawnbroker does business. At the time of each and every pawn or purchase, an accurate account and description, in the English language, of each of the items listed in subsection (a) of Section 15-20 shall be printed, typed, or written in ink in the record book. Such entry shall include the serial number or identification number of items received that bear such number. Except for items purchased from dealers possessing a federal employee identification number who have provided a receipt to the pawnbroker, every pawnbroker shall also record in his book, an accurate account and description, in the English language, of all goods, articles, and other things purchased or received for the purpose of resale or items pawned by the pawnbroker from any source, including other pawnshop locations owned by the same pawnbroker, not in the course of a pledge or pawn, the time of such purchase or receipt and the name and address of the person or business which sold or delivered such goods, articles, or other things to the pawnbroker. No entry in such book shall be erased, mutilated, or changed.(b) Every pawnbroker shall require identification to be shown by each person selling or pawning any goods, articles, or other things to the pawnbroker. If the identification shown is a driver's license, State identification card, or consular identification card and contains a photograph of the person being identified, only one form of identification must be shown. If the identification shown is not a driver's license, State identification card, or consular identification card or does not contain a photograph, 2 forms of identification must be shown, and one of the 2 forms of identification must include the person's residence address. These forms of identification shall include, but not be limited to, any of the following: passport, driver's license, social security card, utility bill, employee or student identification card, credit card, or a civic, union, or professional association membership card. In addition, in a municipality with a population of 1,000,000 or more inhabitants, if the customer does not have an identification issued by a governmental entity containing a photograph of the person being identified, the pawnbroker shall photograph the customer in color and record the customer's name, residence address, date of birth, gender, height, and weight along with the photograph.(c) A county or municipality, including a home rule unit, may regulate a pawnbroker's identification requirements for persons pledging or pawning goods, articles, or other things to the pawnbroker in a manner that is not less restrictive than the regulation by this State of a pawnbroker's identification requirements for persons pledging or pawning goods, articles, or other things. A home rule unit may not regulate a pawnbroker's identification requirements for persons pledging or pawning goods, articles, or other things to the pawnbroker in a manner less restrictive than the regulation by this State of a pawnbroker's identification requirements for persons selling or pawning goods, articles, or other things. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by this State.(d) A pawnbroker may maintain the records required by subsection (a) in computer form if the computer form has been approved by the Secretary or his or her designee, the sheriff of the county in which the shop is located, and the police department of the municipality in which the shop is located.(e) Records, including reports to the Secretary or his or her designee, maintained by pawnbrokers shall be confidential, and no disclosure of pawnbroker records shall be made, except disclosures authorized by this Act or ordered by a court of competent jurisdiction. No record transferred to a governmental official shall be improperly disclosed, however, use of those records as evidence of a felony or misdemeanor shall be a proper purpose.(f) Pawnbrokers and their associations may lawfully give appropriate governmental agencies computer equipment for the purpose of transferring information pursuant to this Act.Added by P.A. 103-0585,§ 15-25, eff. 3/22/2024.